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If a tenant vacates on the day provided by a 60-day notice but has not paid rent for the remaining months, you can take action as soon as they fail to pay. For example, if you send a notice in December that the lease terminates at the end of February and the tenant does not pay for January, you do not need to wait until February to address the issue. Instead, issue a notice to vacate for non-payment of rent for January immediately. This approach is more straightforward to prove than dealing with a holdover situation, especially if the tenant may leave without paying rent.